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Chan Robles Virtual Law Library

A
collection of Philippine laws, statutes and codesnot
included or cited in the main
indicesof
the Chan Robles Virtual Law Library

This page features the full text ofPresidential Decree No. 1834INCREASING
THE PENALTIES FOR THE CRIME OF REBELLION, SEDITION, AND RELATED CRIMES,
AND AMENDING FOR THIS PURPOSE ARTICLES 135, 136, 140, 141, 142, 143,
144,
146 AND 147 OF THE REVISED
PENAL CODE AND ADDING SECTION 142-B THERETO.

INCREASING
THE PENALTIES FOR THE CRIME OF REBELLION, SEDITION, AND RELATED CRIMES,
AND AMENDING FOR THIS PURPOSE ARTICLES 135, 136, 140, 141, 142, 143,
144,
146 AND 147 OF THE REVISED
PENAL CODE AND ADDING SECTION 142-B THERETO.(This
law has been repealed by Executive
Order No. 187, S. 1987)

.chan
robles
virtual law library.chan
robles
virtual law library

WHEREAS,
the State to has a right to self defense when its life is
endangered;
.chanrobles virtual law library

WHEREAS,
the crimes of rebellion, subversion, sedition, conspiracy of proposal
to
commit such crimes and crimes of offenses committed in furtherance
thereof
or in connection therewith constitute direct attacks on the life of the
State;

WHEREAS,
it is necessary to provide an effective deterrent to these pernicious
activities; .chanrobles virtual law library

WHEREAS,
there is an urgent necessity to impose capital punishment for rebellion
or insurrection, sedition and certain illegal acts of offenses which
involve
the national security, and imperil the existence and stability of the
government. .chanrobles virtual law library

NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decrees
and order as follows:

Section
1. Article 135 of the Revised
Penal Code is amended to read as follows: .chanrobles virtual law library

"Art.
135. Penalty for rebellion or
insurrection. — Any person who promotes, maintains, or heads a
rebellion
or insurrection, or who, while holding any public office or employment
takes part therein, engaging in war against the forces of the
Government,
destroying property or committing serious violence, exacting
contributions
or diverting public funds from the lawful purpose for which they have
been
appropriated, shall suffer the penalty of reclusion perpetua to death.

"Any
person merely participating or executing the commands of others in a
rebellion
shall also suffer the penalty of reclusion perpetua to death." .chanrobles virtual law library

Sec.
2. Article 136 of the Revised
Penal Code is amended to read as follows: .chanrobles virtual law library

"Art.
136. Conspiracy and proposal
to commit rebellion or insurrection. — The conspiracy and proposal to
commit
rebellion or insurrection shall be punished by reclusion perpetua to
death."

"Art.
138. Inciting to rebellion or
insurrection. — The penalty of reclusion perpetua to death shall be
imposed
any person who, without taking arms or being in open hostility against
the Government, shall incite others to the execution of any of the acts
specified in Article 134 of this Code, by means of speeches,
proclamations,
writings, emblems, banners or other representations tending to the same
end."

Sec.
4. Article 140 of the Revised
Penal Code is amended to read as follows: .chanrobles virtual law library

"Art.
140. Penalty for sedition. —
Any person participating in the sedition shall suffer the penalty of
reclusion
perpetua to death."

"Art.
142. Inciting to sedition. —
The penalty of reclusion perpetua to death shall be imposed upon any
person
who, without taking any direct part in the crime of sedition, should
incite
others to the accomplishment of any of the acts which constitute
sedition,
by means of speeches, proclamations, writings, emblems, cartoons,
banners,
or other representations tending to the same end, or upon any person or
persons who shall utter seditious words or speeches, write, publish, or
circulate scurrilous libels against the Government of the Philippines,
or any of the duly constituted authorities thereof, or which tend to
disturb
or obstruct any lawful officer in executing the functions of his
office,
or which tend to instigate others to cabal and meet together for
unlawful
purposes, or which suggest or incite rebellious conspiracies or riots,
or which lead or tend to stir up the people against the lawful
authorities
or to disturb the peace of the community, the safety and order of the
Government,
or who shall knowingly conceal such evil practices." .chanrobles virtual law library

Sec.
7. There is hereby added to Chapter
One of Title III of the Revised
Penal Code, Article 142-B to be inserted after Article 142-A which
shall read as follows:chanroblesvirtuallawlibrary

"Art.
142-B. The penalty of reclusion
perpetua to death shall be imposed on any person who, on occasion of a
rebellion or sedition, gives aid and comfort to the perpetrators of
such
crimes. The penalty of reclusion perpetua to death shall also be
imposed
upon any person, who having control and management of printing,
broadcast
or television facilities, or any form of mass communication shall use
or
allow the use of such facilities for the purpose of mounting sustained
propaganda assaults against the Government or any of its duly
constituted
authorities which tend to destabilize the Government or undermine or
destroy
the faith and loyalty of the citizenry thereto, or who shall use or
allow
the use of such facilities for any plot or conspiracy to accomplish any
of the acts which constitute rebellion or insurrection or
sedition.

"Conviction
for the offenses provided under this Section shall carry with it the
forfeiture
and/or sequestration of the mass media facilities, firearms and
explosives,
and all other instruments, equipment or tools used in their commission."

Sec.
8. Article 143 of the Revised
Penal Code is amended to read as follows: .chanrobles virtual law library

"Art.
143. Acts tending to prevent
the meetings of the Assembly and similar bodies. — The penalty of
prision
mayor and a fine not exceeding 10,000 pesos, shall be imposed upon any
person who, by force or fraud, prevents the meeting of the National
Assembly,
or any of its committees or subcommittees, constitutional commissions
or
committees or divisions thereof, or of any local legislative body.

"The
penalty of reclusion temporal and a fine of 20,000 pesos shall be
imposed
in case of a second conviction."

Sec.
9. Article 144 of the Revised
Penal Code is amended to read as follows: .chanrobles virtual law library

"Art.
144. Disturbance of Proceedings.
— The penalty orprision correccional
and a fine not exceeding 10,000 pesos, shall be imposed upon any person
who disturbs the meetings of the National Assembly, or of any of its
committees
or subcommittees or divisions thereof, or of any local legislative
body,
or in the presence of any such bodies should behave in such manner as
to
interrupt its proceedings or impair the respect due it. .chanrobles virtual law library

"In
case of a second conviction, the penalty of prision mayor and a fine of
20,000 pesos shall be imposed."

"Art.
146. Illegal Assemblies. — The
penalty of reclusion perpetua to death shall be imposed upon the
organizers
or leaders of:chanroblesvirtuallawlibrary

1. Any
meeting attended by armed persons for the purpose of committing any of
the crimes punishable under this Code; and

2. Any
meeting in which the audience is incited to the commission of the crime
of treason, rebellion or insurrection, sedition or assault upon a
person
in authority or his agents. .chanrobles virtual law library

3. Any
meeting which is held for propaganda purposes against the Government or
any of its duly constituted authorities in order to destabilize the
Government
or undermine its authority by eroding the faith and loyalty of the
citizenry
thereto, or for the purposes of supporting any plot or conspiracy to
accomplish
any of the acts which constitute rebellion or insurrection, or sedition.

"Any
person merely present at such meeting shall suffer the penalty of prision
correccional unless they are armed, in which case the penalty shall be
prision mayor to death.

"If
any person present at the meeting carries an unlicensed firearm, it
shall
be presumed that the purpose of said meeting, insofar as he is
concerned,
is to commit acts punishable under this Code, and he shall be
considered
a leader or organizer of the meeting within the purview of the
preceding
paragraphs.

"As
used in this Article, the word 'meeting' shall be understood to include
a gathering or group such as public rallies, mass demonstrations,
picketing
of labor groups and similar group actions, whether in a fixed place or
moving."
.chanrobles virtual law library

"Art.
147. Illegal associations. —
The penalty of prision mayor shall be imposed upon the founders,
directors,
and presidents of associations totally or partially organized for the
purpose
of committing any of the crimes punishable under this Code or for some
purpose contrary to public morals. Mere members of said associations
shall
suffer the penalty of prision
correccional."